More on the off-topic stuff
But in view of the intersection between the trade, legal issues and maybe AI, this might be of interest to some readers on here...
Sandie Peggie judge urged to withdraw ruling ‘riddled with errors’https://www.thetimes.com/article/c12870 ... 4ef0160740Legal experts cast doubt on the trans case judgment involving the NHS Fife nurse which dismissed all the claims against Dr Beth UptonThe judge who presided over the Sandie Peggie employment tribunal has been urged to withdraw his findings and consider his position after it emerged that his ruling was “riddled with numerous errors and inaccuracies”.
Alexander Kemp found the nurse had been harassed by NHS Fife after she was suspended for objecting to Dr Beth Upton, who was born a male but identifies as a woman, using a female-only hospital space.
However, he also dismissed multiple other allegations against the health board, the entirety of the case against Upton and found it was “not inherently unlawful” for a biological man to use a women’s changing room.
On Thursday the Judicial Office removed a quote from Kemp’s 312-page ruling that purported to be a direct quote from a previous ruling, after it emerged that no such wording existed.
It issued a certificate of correction, insisting the matter was now resolved, but failed to remove a second incorrect citation.
The Times has now learnt that the document continues to contain a host of other errors, prompting suggestions that artificial intelligence (AI) may have been used to assist compilation of the ruling.
The gender-critical group Not All Gays Ireland was referred to as “Not for Gays” in Kemp’s ruling, prompting them to formally demand a correction and an apology.
A spokesman described the error as damaging and unacceptable, adding: “Not only is this a deeply concerning typographical error, but it also places a negative inference on Not All Gays as an organisation, implying or misrepresenting that we do not support gay rights.
“To have this negative implication placed on us and recorded in an employment tribunal judgment, which is so heavily covered by the mainstream media, is simply unacceptable.
“It is entirely unacceptable to name us as ‘Not for Gays’ without correction, due to the implications this will have for our good standing and reputation.
“We are aware of several other alleged clerical errors or misquoted or misrepresented citations upon which this panel relied upon when reaching their decision.”
Maya Forstater, chief executive of the gender-critical campaign group Sex Matters, noticed that a quote Kemp included in the original ruling — attributed to her 2021 tribunal — was incorrect.
She claimed a reference to her case against the Centre for Global Development (CGD) Europe, which established that gender-critical views were capable of being protected under the Equality Act, was “completely made up”.
It has since been corrected, but the revised document now wrongly refers to the organisation as “CDG Europe”.
“It is utterly disrespectful of Kemp to produce a judgment which does not meet basic standards,” Forstater claimed.
“Making up quotes and then quietly changing them is not acceptable. Maybe he will do a job lot [of corrections] and try to correct all the mangled quotes in the next version?
“Or maybe someone in the judicial system will tell him he can’t do that?”
It also emerged that Kemp included a direct “quote” from the Games v University of Kent ruling, a 2017 case centred on claims of age discrimination, which does not appear in the actual judgment.
The Times previously established the Peggie ruling included a quote from Lee v Ashers Baking Company from 2018, which does not feature in the written findings.
Kemp also misquotes the Supreme Court’s ruling in April in the For Women Scotland v The Scottish Ministers case, which found the definition of a woman for the purposes of the Equality Act was based on biological sex.
Kemp’s judgment states: “The decision states that ‘such women may in practice choose to use female only facilities in a way which does not in fact compromise the privacy and dignity of other women users’.”
The actual ruling says: “Although such transwomen may in practice choose to use female only facilities in a way which does not in fact compromise the privacy and dignity of other women users, the Scottish Ministers do not suggest that a trans woman with a GRC is legally entitled to do so.”
Anya Palmer, a barrister who specialises in employment law, claimed it was a “significant error in a crucial part of the judgment, explaining why [Peggie] loses on a central part of her case.”
“The tribunal cannot just rewrite this,” she said. Palmer added. “I fully expect there will be a successful appeal.”
Gary Francione, professor of law emeritus at Rutgers Law School, in New Jersey, addressed the author of the ruling directly on social media. “Dear Judge Kemp, I would withdraw the opinion,” he wrote.
“This is only going to get a great deal worse. Being proactive and confessing clear errors would be more efficient and end up harming the judiciary less.”
Francione said he expected the mistakes would result in Kemp “stepping down from the bench”.
Kemp’s ruling also features numerous American spellings of words including “victimization” and “minimization”.
One senior legal figure said: “Sandy Kemp is an employment and discrimination lawyer by trade. The idea that he would spell victimisation with a z is unthinkable. That strongly suggests to me that it was written by AI.”
He claimed: “Judge Kemp’s judgment is riddled with numerous errors, inaccuracies and omissions. As such, I feel certain it will be chewed up and spat out when the appeal takes place.”
Craig Smith, a law lecturer at the University of Salford who specialises in legal technology, said features of the judgment appeared to be “consistent with the kinds of errors that generative AI systems are known to produce”.
The Judicial Office said: “We cannot comment on any claim of a judge using AI in a judgment or on decisions in any individual case.
“We are not aware that any further amendments or updates will be made. Anything contesting any legal decision or points of law would be for the appeals process.”
In June Dame Victoria Sharp, president of the King’s Bench Division of the High Court of England and Wales, claimed there were “serious implications for the administration of justice and public confidence in the justice system if artificial intelligence is misused” and that lawyers misusing AI could face contempt of court proceedings and referral to the police.
On Thursday, Peggie confirmed she would appeal against Kemp’s judgment, stating: “Whilst I am delighted that the tribunal was critical of Fife Health Board and found they harassed me, their judgment I believe falls short in many respects and that is why I certainly won’t be giving up this legal fight any time soon.”
The Peggie case, which has made international headlines, was caused by an incident on Christmas Eve, 2023, in Victoria Hospital, Kirkcaldy, when she confronted Upton about the doctor’s use of the female changing rooms.
Peggie was suspended after Upton lodged a complaint claiming to have been subjected to a “transphobic hate incident”, while Peggie’s supporters insisted she was merely standing up for her rights.